NGO Submission on Australia’s 7th Periodic Report
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October 2022
The First Peoples Disability Network wishes to thank the Committee for the opportunity to provide a submission to the Committee Against Torture regarding Australia’s 7th Periodic Report at the 75th Session in November 2022.
FPDN believes the human rights violations experienced by First Nations people with disability under the UNCAT requires a dedicated focus in which to be examined by the Committee. In the vast majority of public discourse, from government policy to social media, journalism and activism, and even the United Nations fora, First nations people are consistently relegated to the fringes. Mirroring the social reality, our people appear only as footnotes that address but one half of their reality at a time – either as a First Nations person or someone with a disability. As Dr Scott Avery states:
An Aboriginal or Torres Strait Islander person with disability is a member of two communities; one pertaining to their identity as an Indigenous person and another pertaining to their disability. Addressing one aspect of a person’s rights in isolation from the composite rights can leave them excluded from another aspect of society important to their sense of identity¹.
It is critical that the rights of First Nations people with disability are addressed with clear and intentional focus in order to do achieve some justice for those who have been denied their rights for too long.
We write to the Committee to provide an overview of the issues requiring such focus and seek a meeting with the Committee to provide further details of the issues presented herein. This letter will briefly discuss the following five issues of particular concern including:
- Indefinite Detention
- Youth Detention
- Solitary Confinement
- Restrictive Practices
- Gender based violence Against First Nations Women and Girls with Disabilities 6. Forced Living Arrangements as ‘Secondary’ Sites of Detention
1 First Peoples Disability Consortium, 2016, Aboriginal and Torres Strait Islander perspectives on the recurrent and indefinite detention of people with cognitive and psychiatric impairment: A Submission to the Senate Inquiry on the Indefinite Detention of People with Cognitive and Psychiatric Impairment.